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Duty of Care in a Personal Injury Case


Posted on behalf of D'Amico & Pettinicchi, LLC on Oct 25, 2018 in Car Accidents

personal injury law book and gavelTo obtain compensation through a personal injury claim, you will need to prove the other party owed you a duty of care. Before you file your claim, it is important to understand this legal obligation and when it may exist during an accident.

In most situations, it helps to contact an experienced attorney to discuss your claim and determine if the other party breached its duty of care in causing your injury. D’Amico & Pettinicchi’s trusted personal injury lawyers in New Haven will provide you with a free, no obligation consultation to review your claim and the accident that resulted in your injury.

We have detailed knowledge of all aspects of a personal injury case, including how the connection between your injury and the at-fault party’s breach of duty may affect your case. If we find the at-fault party breached its duty, we can help you pursue the maximum compensation available for your claim.

What Does Duty of Care Mean?

A duty of care is a legal obligation a person, corporation or entity has to act in a manner that ensures others' safety.

The nature of a duty of care may vary depending on the type of accident that resulted in your injury:

  • Car Accidents: Motorists have a duty of care to safely operate their vehicles to avoid causing an accident or striking a pedestrian. This includes following traffic laws and refraining from driving in an erratic or reckless manner.
  • Slip and fall accidents: Property owners and managers are obligated to ensure their property is free from hazards that may harm guests or visitors. This includes wet surfaces or unattended objects that may cause someone to slip or trip and fall and suffer an injury.
  • Medical errors: Health care providers are legally obligated to treat patients with a level of care that meets the medical community’s standards. A doctor, surgeon or other type of health care provider must avoid deviating from medical standards in a way that results in a patient’s injury or death.
  • Defective products: Manufacturers, designers and sellers have a duty of care to ensure their products are safe to use as intended and are not unreasonably dangerous.

Breach of Duty of Care

A breach of duty of care occurs when one party’s failure to act in a reasonably prudent manner results in the victim’s injury or death. When this occurs, the at-fault party may be held liable for negligence.

However, you will need to definitively prove the at-fault party breached its duty in order to successfully bring a personal injury claim. Some of the factors our attorneys may examine to prove a breach of duty occurred include the following:

  • The at-fault party was in a position to avoid causing the victim harm
  • The victim exhibited a reasonable amount of care to avoid being injured
  • The at-fault party had a practical foresight to detect or prevent harm
  • The at-fault party failed to use reasonable care that could have prevented the victim from being injured  

Holding Someone Liable for a Breach of Duty

To hold a person, corporation or other entity liable for a breach of duty of care you must prove causation. This means the at-fault party’s breach of duty proximately caused the accident that resulted in your injury or loved one’s death. This means that the breach of duty must have been a substantial factor in causing the injury or death.

Proving causation often depends on the evidence available in your claim. Your attorney will work to obtain proof that shows a causal link between the at-fault party’s actions and your injury.

Once causation has been established, however, you must prove that you have suffered measurable damages to obtain compensation. Measurable damages includes the injuries and financial losses you have experienced as a result of the accident, such as the cost of medical treatment or lost wages. 

Contact us to Schedule a Free Consultation

If you were injured in an accident, it is important to seek legal assistance. An experienced attorney will know if the other party owed you a duty of care and was obligated to ensure your safety.

At D'Amico & Pettinicchi, we offer our clients a free consultation where we can discuss your options. We will carefully review your situation to find out if the at-fault party’s negligence may have caused the accident that resulted in your injury. From there, we will help you understand which legal options may be available for you to pursue compensation.

All of our services are provided on a contingency fee basis, which means we will represent you for no upfront cost. We only require payment if we help you recover compensation. There is no risk in contacting us to discuss your claim.

Call (866) 848-7077 today to schedule a free consultation.